HomeMy WebLinkAbout1986-1429.Beresford and MIlley.90-01-26EhwLOY.3 DE LA 0o”RONNE
DE “ONTARIO
CQMMISSION DE
REGLEMENT
DES GRIEFS :
January 26, 1990
REWORANDUH
RE: a, 1972/87 OPSEU (Beresford/Milley).and The
Crown in Right of Ontario (Ministry of Revenue)
Attached hereto for your information’is a copy of a Notice of
Application for Judicial Review, filed by Mr. Alick Ryder and Mr.
David Wright on behalf of the.Union together with a copy of the Board’s decision in the above-noted matter.
Joan Shirlow
Registrar
JS/ts
Encl.
SUPREME COURT OF ONTARIO (Divisional Court)
BETWEEN:
ONTARIO PUBLIC SERVICE EMPMYEES UNION (Beresford/Milley)
Applicant
-and-
BIER MAJESTY THE QUEEN IN RIGHT OF~ON'l'ARIO
as represented by the Ministry oft Government Services and the Ministry of Revenue and
the ONTARIO PUBLIC SERVICZ GRIEVANCE SETTW BOARD
NOTICE
Respondents
OF.APPLIcATION
RYDER, WEITAKEE, WRIGRT a CHAPMAN 30 St. Patrick Street Suite 600 Toronto, Ontad BET 3A3
Alick Ryder, Q.C.
David Wright (416) 340-9070
Solicitors for the Applicant
THE NINISTRY OF TRE A'ITORNEY GESERAL
Crown Lav Office - Civil 720 Bay Street
8th Floor Toronto, Ontario
M5G 2Kl
Attn: Dennis W. Brown, Q.C. (416) 326-4156
Solicitors for the Respondent
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AND To:
TRR ONTARIO PUBLIC SERVICE GRIEVANCE SE'rrLEMENTBORRD 180 Dundas Street West Suite 2100 Toronto, Ontario N5G 128
Attn: Joan Shirlov, Registrar
(416) 598-0688
AND To: The Registrar of this Honourable Court
i :i
Court File No.
SUPFEtE COURT OF ONTARIO (Divisional Court)
BETWEEN:
ONTARIO PUBLICSERVICE EMPLOYEES UNION (Beresford/Willey)
. Applicant
-and-
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Ministry of Government Services and
the Ninistry of Revenue and the ONTARIO PUBLIC SERVICE GRmvANCE sBlTm BOARD 'j
. Respondents
APPLICATION UNDER the Judicial Review Procedure Act, R.S.O. 1980, c:224
NOTICE OF APPLICATION FOR JUDICIAL REVIEW
TO THE RESPONDENTS
A LEGAL PROCEEDING HAS BEEN COMMENCED by the Applicant.
The Claim made by the Applicant appears on page 3.
THIS APPLICATION for judicial review will come on for a
hearing before the divisional Court on a date and a place to he fixed by the Registrar of the Divisional Court. The Applicant
requests that this Application be heard at 130 Queen Street West, Toronto, Ontario.
IF YOU WISH TO OPPOSE THIS APPLICATION, you or an Ontario
lawyer acting for you must forthwith prepare a Notice of Appearance in Form 38C prescribed by the 'Rules of Civil ,Procedure, seNe it
on the Applicant's lawyer or, where the Applicant does not have a
lawyer, serve it on the Applicant, and file it, with proof of service, in the office of the Divisional Court, and you and your lawyer must appear at the hearing.
IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY
EVIDENCE TO THE COURT OR TO EXAMINE OR CROSS-EXAMINE WITNESSES OiJ THE APPLICATION, you or your lawyer must, in addition to serving
i
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your Notice of Appearance, serve a copy of the .evidence on the Applicant's lawyer or where thew Applicant does not have a lawyer, serve it on the Applicant, and file it, with proof of service, in the Office of the Divisional Court within thirty days after service on you of the Applicant's Application Record, or not later than
2:00 p.m. on the'day before the hearing, whichever is earlier.
IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE
GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO~YOU.
If you wish to defend this proceeding but are unable to pay legal fees, legal aid may be available to you by,contactinq a local Legal Aid office.
Address: Divisional court Office ' Osgoode Hall 130 Queen Street West Toronto, Ontario M5H 2N5
d TO: The Ministry of the Attorney General Crown Law Office - Civil
720 Bay Street 8th Floor Toronto ,~ Ontario
M5G 2Kl
Attn: Dennis W. Brown, Q.C.
(416) 326-4156
Solicitors for the Respondents
AND TO: The Ontario Public Service Grievance Settlement Board 180 Dundas Street West Suite 2100 Toronto, Ontario M5G 128
Attn: Joan Shirlow, Registrar (416) 326-1382
AND TO: The Registrar of this Honourable Court
-3-
APPLICATION
1. The Applicant makes Application for an order quashing the
decisiqn of the Ontaric Public Service Grievance Settlement Board
dated November 29, 1989 ;iith respect to the grievances of Beresford
and Xilley. .
2. The grounds of the Application'are:
/
i) the Board erred in law in its interpretation of the prior
decisions of the Board with,respect to these grievances:
ii) the Board erred in law in the interpretation which it
gave to the collective agreement between the parties in
holding that there is a "middle groundrt covering
employees who are neither classified or unclassified
staff:
iii) the Board erred in declining to exercise its jurisdiction
to order the employer to .appoint the grigvors to the
classified service and erred in law in the interpretation
vhich it gave to the Crown Emulovees Collective
m and the Public Service Act in holding that a
it did not have such jurisdiction; and
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iv) such further and other grounds as counsel may advise in
this Honourable Court may permit.
3. The following documentary evidence will be used at the hearing
of this Application:
1. The Record of the Proceedings before the Ontario Public
Service Grievance Settlement Board;.
.:
2. The Application Record; and
:
3. such further and otl& material as counsel may advise in
this Honourable Court may permit.
DATE OF ISSUE: fir?- s-/m
ALICK RYDER, Q.C. DAVID WRIGHT
RYDER, WHITARER, WRIGHT & CKAPMAN 30 St. Patrick Street Suite 600 Toronto, Ontario
M5T 3A3
(416) 340-9070
Solicitors for the Applicant
ONTARIO PUBLIC SERVICE EMPLOYEES HER MAJESTY THE QUEEN IN RIGHT UNION (BERESFORD/MILLEY) OF ONTARIO (as represented by the -and- Ministry of Government Services and
the Ministry of Revenue) and the ONTARIO PUBLIC SERVICE GRIEVANCE SETTLEMENT BOARD
Applicants Respondent
Court File No.: 2y ?a
Supreme Court of Ontario
Proceeding Commenced at Toronto
NOTICE OF APPLICATION
RYDER, MHITAMER, WRIGHT & CHAPNAN Barristers & Solicitors 30 St. Patrick Street Suite 600 Toronto, Ontario M5T 3A3
ALICE RYDER, Q.C. DAVID WRIGHT (416) 340-9070
Solicitors for the Applicants